Herzog & de Neuron Casa en Leymen, Ht Rhin

proceedings, subject to the needs of the Law School to conduct a reasonable investigation, to consult with University or other authorities or experts, and to maintain academic policies and procedures, all persons involved in allegations of misconduct or disciplinary proceedings shall take reasonable steps to maintain the anonymity and confidentiality of the student(s), faculty, staff, or other person making the allegations, the student(s) alleged to have committed the misconduct or violated these regulations (“student defendant”), and information related to all phases of the disciplinary proceedings.

(b) Allegations of Student Misconduct. A law student, faculty, or staff member alleging misconduct by a law student shall communicate his or her concerns orally or in writing to the Law School Dean or an Associate Dean at the earliest possible time. The Dean or Associate Dean shall meet or confer with the person making the allegations at the earliest possible opportunity to

determine the nature, extent, and seriousness of the allegations. The Dean or Associate Dean shall provide the person who alleges disadvantage or harm from misconduct by a law student:

(i) a copy of the WSRSL-SH including the Disciplinary Regulations;

(ii) information on his or her rights under relevant University or Law School policies, rules, or regulations;

(iii) referrals for support and counseling services, if appropriate; and

(iv) preliminary academic accommodation, which may become permanent after the completion of the investigation.

(c) Written Report and Initiation of Investigation.

(i) If the person making an allegation of student misconduct seeks to have the Law School initiate an investigation, the imposition of sanctions on the student defendant, or request other remedies from the Law School, that person shall submit a timely written report of the allegations to the Dean or an Associate Dean.

(ii) If the person making an allegation fails to submit a written report in a timely manner, an Associate Dean, faculty, or staff member with knowledge of the allegations may submit a written report of the allegations to the Dean or an Associate Dean requesting the initiation of an

investigation and sanctions.

(iii) The Dean or an Associate Dean shall promptly initiate an investigation of any substantial allegation of student misconduct or may designate an Associate Dean, faculty, or staff member, or a neutral third-party, to conduct the investigation and report to the Dean or an Associate Dean in a timely manner.

(d) Meeting with the Student Defendant. At the earliest opportunity, the Dean or an Associate Dean shall:

(i) meet with or otherwise discuss the allegations and range of possible sanctions with the student defendant;

(ii) provide the student defendant with a copy of the WSRSL-SH including the Disciplinary Regulations and other relevant UH-SCC or WSRSL-SH policies, rules, or procedures;

(iii) inform the student defendant of his or her rights, including the right to remain silent, that any statement by the student defendant may be used against him or her, and of the right to counsel at his or her own expense; and

(iv) inform the student defendant about the timing, nature, and seriousness of the potential disciplinary proceedings.

(e) Temporary Suspension of a Student Defendant. In an emergency, the Dean may temporarily suspend a student defendant prior to any meeting, investigation, or hearing, provided that a meeting, investigation, and hearing pursuant to these regulations is conducted within a reasonable time thereafter if the student defendant objects to the temporary suspension. Examples of emergencies include situations where the student defendant poses a danger of inflicting bodily harm upon himself or herself or others, of inflicting serious emotional distress on the student making the allegations or others, creating a perception of an uncomfortable, unsafe, or hostile learning environment for the student making the allegation or others, or creating a substantial disruption of Law School activities including classroom instruction. Before issuing a temporary suspension, the Dean may, but is not required to, meet with the student(s) involved to discuss the urgency of the situation and alternatives to a temporary suspension. (f) Informal Dismissal of Allegations. After a preliminary investigation of the allegations of student

misconduct, if the Dean or Associate Dean determines that the allegations are unfounded, the allegations shall be informally dismissed, no action shall be taken against the student defendant, and no record shall be made of the matter in the student’s Law School record or upon the student’s University transcript. The person making the allegation and the student defendant shall be informed promptly of the Dean’s or Associate Dean’s determination and the matter shall be considered closed.

(g) Informal Disposition of Allegations.

(i) After a preliminary investigation of the allegations of student misconduct, if the Dean or Associate Dean determines that the allegations appear well founded and an informal disposition is in the best interests of the Law School and students involved, the Dean or Associate Dean may seek to reach an informal disposition of the allegations. Appropriate informal disposition may or may not be determined in consultation with the affected complainant and others affected by the allegations.

(ii) Informal Action or Sanctions. In reaching an informal disposition of allegations, the Dean and Associate Deans have broad discretion to propose appropriate disciplinary action or sanctions. The Dean or Associate Deans may consider factors beyond those raised in the allegations or investigation, such as the personal, academic, or professional impact of the informal disposition (or of the disposition of ongoing or potential University or

administrative, civil, or criminal proceedings) on the student defendant, on the person making the allegation, on the faculty or staff involved, or on the Law School as a whole. The forms of action or sanctions that may be involved in an informal disposition include but are not limited to:

(a) Written acknowledgement of responsibility; disclosure of acknowledgment of responsibility to those impacted by the conduct; and/or statement of responsibility that may assist other law students to avoid similar situations (e.g., anonymous student-to- student guide to avoiding plagiarism);

(b) Grade reduction or modification by one or more grade levels; rescission of a grade; in any case involving cheating on an assignment or final examination in a course or intentional plagiarism on a paper in a course, seminar, or supervised writing project, the sanction shall presumptively be a grade of “F” (or in the case of a “Credit/No Credit” course, a grade of “No Credit”) and retake of the required course;

(c) Condition, limitation, or revocation of privilege, benefit, or access related to Law School courses (including externships, moot court, journals, and pro bono), programs (e.g., Certificates), organizations (e.g., student government, Ete playing or coaching), events (e.g., attending presentations, parties), on- or off- campus activities that involve the Law School or law students, use of Law School or campus facilities, or access to faculty/staff.

(ii) The Dean or Associate Dean shall provide a written proposal of the informal disposition to the student defendant, who shall agree or object to the proposed informal disposition within 7 calendar days of the receipt.

(iii) If an agreement of informal disposition is promptly reached, the Dean or Associate Dean and the student defendant shall sign the agreement, no formal action shall be taken against the student defendant, and no record shall be made of the matter in the student's law school record or upon the student’s University transcript.

(iv) The person making the allegation shall be informed promptly of the Dean’s or Associate Dean’s determination and the matter shall be considered closed.

(v) Under some circumstances, the Law School may be required to report to bar examiners in the state where the student defendant may seek to practice law the result of an informal disposition of a disciplinary violation or violation that constitutes unprofessional conduct. (h) Formal Disposition of Allegations. After a preliminary investigation of the allegations of student

misconduct, if the Dean or Associate Dean determines that the allegations appear well founded and may warrant formal disciplinary action, or if the student defendant has failed to agree to a proposed informal disposition, the Dean shall initiate formal disposition of the allegations through:

(i) written presentation of charges to the Law School Disciplinary Committee; or (ii) written referral of the matter to the University of Hawai‘i at Mānoa Associate Vice

Chancellor for Students, Office for Judicial Affairs, with a copy of the referral to the student defendant.

(i) Presentation of Charges to Disciplinary Committee. To initiate a formal disposition, the Dean shall direct the Associate Dean for Academic Affairs, or designee, to promptly draw up charges against the student defendant and shall refer the matter to the Law School Disciplinary

Committee. The Associate Dean for Academic Affairs shall transmit the charges in writing both to the student defendant and to the Disciplinary Committee convened to hear the charges.